Savannah morning news. [volume] (Savannah) 1868-1887, 1887-01-06
LEVIED ON THE TRACKS.
THE COAST LINE RAILROAD
WANTS AN INJUNCTION.

C'ty Marshal Goodwin AdvertIses the
Tracks, Right of Way and Roa6bed OF
the Coast Line Railroad on BronghtoD
Street For Sale to Pay for the Paving
Which the city Says 1t Owes For-AD
IDj Junction a siSe Ell for to stop the Sale.
The Coast Line Railroad Company,
through It's attorney, James Atkins, Esq,
has filed In the clerks office of the United
States District Court q bill asking an in
junction against the Mayor and Aldermen
of Savannah. On Tuesday morning City
Marshal l.. l.. Goodwin published an ad-
vertisement in the MORNING NEWS, stat
ing that by virtue Of writ of ii ia. ne
would sell on Feb. l all OF the roadbed,
right Of way, tracks, etc.. OF the company
on Broughton street.
The object OF the sale is to recover
$3.50 90, the amount which the con pany
was assessed as its alleged share OF the
cost for paving Broughtou street with
asphalt.
1t is stated in the bill that the orator
was chartered Oct. 10, 1868, under the
name Wilmington Railway Company.
BY an act Of the Legislature, passed
Aug. 20, 1872, the company was renamed
the Coast Line railroad. After work was
begun on the line the City Council pass
ed an ordinance containing the provision
that In the event OF the paving by the city
OF the whole or any portion of
the streets used by the railroad
the portion of the track between the rails
should be paved and kept in good repair
by the company. The orator declares
that there is no provision in the contract
or any other contract obligating the rail
road company TO pave anywhere In the
city outside OF the rails OF its track. A
bond WAS given by the company Tor the
fultllment OF the contract on its part,
and IL asserts that it has always faithfully
observed the terms.
Nevertheless the said defendant, by
craftily contriVed cOncealments and by
other fraudulent means, caused the Lexis-
lature of Georgia TO provide In the act OF
Sept. 8, 1885, that said defendant might
require every street railroad company
having its tracks running through the
streets OF the said city, without except
ing the orator in any respect whatever,
to macadamiZe, or otherwise pave as the
city might direct, not only the width of
its tracks between the rails, but also three
feet on each side of every line OF track
then In use.
The bill adds that the City Council, "to
add force to fraud" passed TWO ordi-
nauces-One on March II and the other
March "A, lSS6-directing the company to
pave between its rails and three feet on
either side by a certain time and in a GER
tain manner along BroughtOn street.
The railroad company paved between
its tracks with stone, and the city paved
all outside of its tracks, between West
Broad and Abercorn, with asphalt.
When the paving was done the city de-
manded that the company should pay for
three feet OF the pavement on each side OF
its track. The demand was refused and
the property has been advertised for sale.
The company claims that the city is
proceeding in violation of one OF the pro-
visions of the constitution Of the United
States, which forbids any State passing
an ex-post facto law, or any law to I'M
pair contract. The court is asked to
grant q temporary restraining order and
appoint day for hearing on the bill
for permanent injunction.